The Attorney General of Texas 

January 11, 1980 

MARK WHITE 

Attorney General 

Honorable Dale Summa 

Sherman County Attorney 

Sherman County Courthouse 

Stratford, Texas 

Opinion No. ~~-12 7 

Re: Whether an automobile must 

be inspected before it can be 

registered 

Dear Mr. Summa: 

You have asked whether an inspection certificate is required to be 

obtained before one may acquire a motor vehicle registration in Texas. 

Article 668’7-1, section 30, V.T.C.S., which was amended by the last 

session of the legislature provides: 

(a) Before any motor vehicle which was last 

registered and titled, or registered in some other 

state or country may be registered and titled in 

Texas, the applicant shall furnish to the designated 

agent a certificate as required under Section 142A, 

Uniform Act Regulating Traffic on Highways, as 

added (Article 6701d, Vernon’s Texas Civil Statutes). 

No designated agent shall accept any application for 

registration and a certificate of title until the 

provisions of this Section have been complied with. 

Acts 1979, 66th Leg., ch. 312, at 716. The above provision is clear that 

before an out-of-state motor vehicle may be registered and titled the 

applicant must secure the certificate required by section 142A, article 6701d, 

V.T.C.S., amended at the same time as was section 30 above. 

Sec. 142A. (a) Before a vehicle may be registered 

and titled under Subsection (a), Section 30, 

Certificate of Title Act, as amended (Article 6687-1, 

Vernon’s Texas Civil Statutes), the owner must have 

the vehicle inspected as required under Section 140 of 

this Act and must have the state-appointed inspection 

station record the permanent identification number 

of the vehicle on the certificate of inspection. 

P. 402 
. . 

Honorable Dale Summa - Page Two (MI+127) 

The above section requires that out-of-state vehicles be inspected pursuant to section 140, 

article 6701d before a registration and title may be issued; however, section 140(c), article 

6701d provides in pertinent part that: 

. . . at no time shall a certificate of inspection or a receipt for a 

certificate of inspection be required or demanded as a condition 

precedent to securing a license plate for any motor vehicle. . . . 

Section 140(c) conflicts with sections 30 and 142A which require inspection certificates for 

those vehicles last registered out of state before the issuance of title and registration 

(license plates). The more specific and more recently enacted statute prevails as an 

exception to section 140(c). State ex rel. Watkins v. Morgan, 555 S.W.2d 217 (Tex. Civ. 

Aep - Waco 1977, writ ref’d n.r.e.1. Texas State Board of Pharmacy v. Kittman, 550 

S.W.2d 104 (Tex. Civ. App -Tyler 1977, no writ); Attorney General Opinion H-834 (1976). 

However, you also ask whether an inspection certificate from another state iS 

sufficient to obtain a Texas registration and title. Section 140(d), article 6701d provides: 

(d) The Department may, in its discretion, permit inspection as 

herein provided to be made by State inspectors under such terms 

and conditions as the Department may prescribe. Provided, 

however, the Department may authorize the acceptance in this 

State of a certificate of inspection and approval issued in another 

state having a similar inspection law and may extend the time 

within which a certificate shall be obtained by the resident owner 

of a vehicle which was not in this State during the time an 

inspection was required 

Therefore, we believe that the Department of Public Safety may reccgnize a current 

certificate of inspection from another state which has a similar inspection law for the 

purpose of registering and titling the vehicle in this state. However, section 142A does 

require that the permanent identification number of the vehicle be recorded on the 

certificate before the vehicle may be registered and titled in Texas. 

SUMMARY 

A certificate of inspection is required before an out-of-state 

vehicle may be registered and titled in Texas. An inspection 

certificate from another state may be recognized for this purpose. 

l-trH 

MARK WHITE 

Attorney General of Texas 

P. 403 
. - 

Honorable Dale Summa - Page Three (MW-127) 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

TED L. HARTLEY 

Executive Assistant Attorney General 

Prepared by David B. Brooks 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

C. Robert Heath, Chairman 

David B. Brooks 

Bob Gammage 

Susan Garrison 

Rick Gilpin 

Sue Lowe 

P. 404